Sold Car Privately - Buyer Unhappy - Wants to return - Help

wackojackouk

AdrianC wrote: »

No. They would need to pay for an engineer's report. IF (and that is a HUGE if), they would then add the cost of that report to the claim.

Does that mean her mechanics report is not sufficient then?

gzoom

wackojackouk wrote: »

The car was advertised at £2500 and she offered £2250 which I accepted. She paid in cash.

Just read this thread...Cannot belive the 'Stress' this is clearly causing you..

It's a private sale of a car, things like this happen everyday, it really is rubbish the buyer has taken things this far.

As other's have said I think this just bullying tactics, don't stree, go to court, present your side, ie: You sold the car, and they drove away happy....and than fill a calim against them for pyschological harressment and stress

Marktheshark

You have to challenge it, the county court system works by challenge.
When they present the report, you are expected to "argue" your corner, not sit like a lamb awaiting instruction.

You should ask if the the report has been prepared by someone who is registered with an expert witness service to produce such reports.
The Judge can then "hear" the point and ask if it is.
Reports for courts are subject to the civil procedure rules and must be prepared by a recognised expert body so there is a comeback if it is found to be false.
So challenge it as not qualifying as an "expert report" .
You can also ask in what capacity her Farther is assisting, the judge might well tell him to shut up and only act as lay representative meaning she must present the case herself.

If you Pm your defence I might be able to find some other points to add in addition.

fred246

The owner is selling a car. He knows there is a problem with reverse gear. He describes the car as perfect. Someone looks at it. Ah here is a problem she says. No it's not a problem he replies. She believes him and buys it. Then she finds the problem is a problem.
Am I the only one who thinks this isn't clear cut?

Foxy-Stoat_3

fred246 wrote: »

The owner is selling a car. He knows there is a problem with reverse gear. He describes the car as perfect. Someone looks at it. Ah here is a problem she says. No it's not a problem he replies. She believes him and buys it. Then she finds the problem is a problem.
Am I the only one who thinks this isn't clear cut?

I think you are yes, as this was a private sale.

Seller told them about the "issue" and the buyer had their chance to test it and accepted the car at the reduced price.

wackojackouk

fred246 wrote: »

The owner is selling a car. He knows there is a problem with reverse gear. He describes the car as perfect. Someone looks at it. Ah here is a problem she says. No it's not a problem he replies. She believes him and buys it. Then she finds the problem is a problem.
Am I the only one who thinks this isn't clear cut?

I never described the car as perfect, I said it drives well and was in good condition which in my opinion it was.

This opinion is based on me never having an issue engaging reverse (nor any other gear) but I merely offered the point it was a bit stiffer than the other gears (out of courtesy). Indeed my new car is actually easier to put in reverse than other gears.

arcon5

Forget trying to dismiss the engineers report, focus on the crucial facts:

vehicle was inspected prior to purchase
buyer was made aware of the issue
buyer made an offer on vehicle which was accepted
vehicle was sold privately

matttye

arcon5 wrote: »

Forget trying to dismiss the engineers report, focus on the crucial facts:

vehicle was inspected prior to purchase
buyer was made aware of the issue
buyer made an offer on vehicle which was accepted
vehicle was sold privately

If buyer is that way inclined they'll just say they weren't told about it and the ad didn't mention it.

Judge will then decide whether or not the seller did make the buyer aware of the problem. The fact it's not in the ad does lend some weight towards the buyer's case.

Marktheshark

It does not have to be in any add, it is a private sale, Caveat Emptor rules supreme.
You see, you like you buy = your car, it breaks next week = still you car, it needs some repairs, tough, your car, you pay.
Otherwise at what point would the OP become not liable for fixing the car, 3 weeks, 3 months, 3 years, 30 years ?
You want "rights" and warranties, you go buy from a dealer.
You buy something private that is old, worn, broken, dropping to bits, then that is yours to take on the chin when it does drop to bits.
It could happen in two weeks, in two years, in twenty years.
It's still the new owners responsibility to repair it.

arcon5

matttye wrote: »

If buyer is that way inclined they'll just say they weren't told about it and the ad didn't mention it.

Judge will then decide whether or not the seller did make the buyer aware of the problem. The fact it's not in the ad does lend some weight towards the buyer's case.

No, the buyer has no obligation to bring it to the buyers attention. It is for them to satisfy themselves the car does as it should